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Home My WebLink About17-020JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 435732310/09/2017 02:40:50 PM ORDN OR BOOK 4050 PAGE 308 - 311 Doc Type: RECORDING: $35.50 ORDINANCE NO. 17-020 AN ORDINANCE CREATING OF CHAPTER 46 "TRAFFIC AND VEHICLES", ARTICLE IV, ROAD RIGHT-OF-WAY SAFETY; PROVIDING FOR DEFINITIONS; PROHIBITING PEDESTRIANS FROM OCCUPYING DESIGNATED PORTIONS OF SIGNALIZED COUNTY ROAD INTERSECTIONS WITHIN UNINCORPORATED ST. LUCIE COUNTY; PROVIDING FOR TITLE; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS AND DETERMINATIONS; PROVIDING FOR PROHIBITION; PROVIDING FOR TERRITORY ENFORCED; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Sections 125.01(1)(m), Florida Statutes, authorizes the Board of County Commissioners to regulate roads within St. Lucie County; and WHEREAS, Section 125.01(1)(w), Florida Statutes, authorizes the Board of County Commissioners to perform acts that are in the common interest of the people of St. Lucie County, and to exercise all powers and privileges not specifically prohibited by law; and WHEREAS, the Board of County Commissioners finds that having pedestrians occupy certain portions of public roadways in close proximity to motor vehicles is hazardous to public safetyand impedes the normal, orderly, and safe flow of traffic; and WHEREAS, St. Lucie County seeks to provide for the safety of its citizens by prohibiting unnecessary interactions between pedestrians and motorized vehicles on public roads within St. Lucie County; and WHEREAS, the Board of County Commissioners finds that passage of this Ordinance will furtherthe interest of the health, safety, and general welfare of the public; and WHEREAS, according to a 2017 report by Smart Growth America, a national group that advocates for smart development, since 2009, pedestrians in Florida are more likely to be struck by vehicles than elsewhere in the United States; and WHEREAS, according to the Florida Department of Highway Safety and Motor Vehicles 2015 Florida Traffic Crash Statistics Report, 632 pedestrians were killed and 7,870 pedestrians were injured on Florida roadways; 9 of those pedestrians were killed and 111 pedestrians were injured on roadways in St. Lucie County. 1 Underlined passages are added StFlvleI# passages are deleted ORDINANCE NO. 17-020 AN ORDINANCE CREATING OF CHAPTER 46 "TRAFFIC AND VEHICLES", ARTICLE IV, ROAD RIGHT-OF-WAY SAFETY; PROVIDING FOR DEFINITIONS; PROHIBITING PEDESTRIANS FROM OCCUPYING DESIGNATED PORTIONS OF SIGNALIZED COUNTY ROAD INTERSECTIONS WITHIN UNINCORPORATED ST. LUCIE COUNTY; PROVIDING FOR TITLE; PROVIDING FOR INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR FINDINGS AND DETERMINATIONS; PROVIDING FOR PROHIBITION; PROVIDING FOR TERRITORY ENFORCED; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Sections 125.01(1)(m), Florida Statutes, authorizes the Board of County Commissioners to regulate roads within St. Lucie County; and WHEREAS, Section 125.01(1)(w), Florida Statutes, authorizes the Board of County Commissioners to perform acts that are in the common interest of the people of St. Lucie County, and to exercise all powers and privileges not specifically prohibited by law; and WHEREAS, the Board of County Commissioners finds that having pedestrians occupy certain portions of public roadways in close proximity to motor vehicles is hazardous to public safetyand impedes the normal, orderly, and safe flow of traffic; and WHEREAS, St. Lucie County seeks to provide for the safety of its citizens by prohibiting unnecessary interactions between pedestrians and motorized vehicles on public roads within St. Lucie County; and WHEREAS, the Board of County Commissioners finds that passage of this Ordinance will furtherthe interest of the health, safety, and general welfare of the public; and WHEREAS, according to a 2017 report by Smart Growth America, a national group that advocates for smart development, since 2009, pedestrians in Florida are more likely to be struck by vehicles than elsewhere in the United States; and WHEREAS, according to the Florida Department of Highway Safety and Motor Vehicles 2015 Florida Traffic Crash Statistics Report, 632 pedestrians were killed and 7,870 pedestrians were iniured on Florida roadways; 9 of those pedestrians were killed and 111 pedestrians were injured on roadways in St. Lucie County. 1 Underlined passages are added Sact#retgk► passages are deleted NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: A. A new Article IV "ROAD RIGHT-OF-WAY SAFETY ORDINANCE" of Chapter 46 "TRAFFIC AND VEHICLES" the Code of Ordinances of St. Lucie County, Florida, is hereby created to read as follows: ARTICLE IV ROAD RIGHT-OF-WAY SAFETY Section 46-150 TITLE. This Ordinance shall be entitled the St. Lucie County Signalized Intersection Road Right of Way Safety Ordinance. Section 46-151 INTENT It is the intent of this Ordinance to protect the health, safety and general welfare of the citizens of St. Lucie County, to assure the free, orderly, undisrupted movement of motorized vehicles on public roads within St. Lucie County, and to provide for safety in the interest of pedestrians and occupants of motorized vehicles located on County roads within St. Lucie County. This Ordinance is not intended to control traffic, as that term is defined in Chapter 316, Florida Statutes. This Ordinance is intended to apply evenhandedly to all persons who engage in the activities proscribed herein, regardless of their purpose for occupying a designated area. This Ordinance is intended to be narrowly -tailored to serve the significant government interest of public safety. Section 46-152 DEFINITIONS "Designated area" shall mean the following areas within unincorporated St. Lucie County: All portions of signalized County road intersections that are either (i) within the intersection or (ii) within a County road that intersects with a signalized intersection and either within, or closer than ten feet to, the part of such County road that is open for motor vehicle traffic and is less than 100 feet from the point at which such County road meets the signalized intersection. "Pedestrian" shall mean any person standing, sitting, walking, or occupying a personal mobility device of a type used by persons whose bipedal mobility is impaired, such as a human - powered or motorized wheelchair. The term does not include any person while lawfully operating or occupying a motor vehicle or bicycle. Underlined passages are added Sace+gk► passages are deleted Section 46-153 FINDINGSAND DETERMINATIONS The Board of County Commissioners hereby finds and determines that having pedestrians in close proximity to moving or temporarily stopped motorvehicles in the same space at the same time is inherently dangerous, except for pedestrians who are crossing a County road lawfully and directly or trained law enforcement officers in the exercise of their official duties. The Board of County Commissioners further hereby finds and determines that the prohibitions set forth in this Ordinance are narrowly -tailored to serve the significant interest of promoting and protecting the public health, safety, and welfare of the citizens of St. Lucie County. Section 46-154 PROHIBITION No pedestrian shall be upon, go upon, or occupy any designated area, except for (a) pedestrians while crossing a County road lawfully and directly, or (b) law-enforcement officers while carrying out their official duties. Section 46-155 TERRITORY EMBRACED The provisions of this Ordinance shall embrace all County roads that are open to motor vehicletraffic within the unincorporated boundaries of St. Lucie County. Section 46-156 PENALTIES 1. Pursuant to Section 125.69(1), Florida Statutes, any person convicted of violating the provisions of this Ordinance shall be punished by a fine not to exceed $500, by imprisonment not to exceed 60 days, or by both such fine and imprisonment. 2. In addition to the penalties provided by subsection (1) of this Section, any violation of this ordinance shall be subject to appropriate civil action in a court of appropriate jurisdiction. PART B. SEVERABILITY AND APPLICABILITY It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause or provision of this Ordinance be held invalid, the remainder of the Ordinance shall not be affected. PART C. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Underlined passages are added _9*. --- .k *"r^ ^" passages are deleted Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART D. EFFECTIVE DATE Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective when the acknowledgment is received from the Secretary of State that the Ordinance has been duly filed. PART E. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Chris Dzadovsky AYE Vice Chairman Tod Mowery AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 3rd day of October 2017. W/ _ ,,..W�WA BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: W-V� CHAIRMAN APPROVED A)S TO,FORWANb CORRECTNESS: BY: COUNTY A' 4 Underlined passages are added StFUGk +".^ ^" passages are deleted 9, FLORIDA DEPARTMENT 0 STA'L'E RICK SCOTT Governor October 6, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Alice Sennott Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 17-020, which was filed in this office on October 5, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us